Breaking: Senate Judiciary Committee Votes To Restore Habeas Corpus Rights

[meegbear]

As tempting as it was after the Iraq Supplemental Bill to lump Democrats and Republicans together, let’s give credit where credit is due. The Democratic majority is the only reason we have to be hopeful of restoring this basic right taken away from us by the Bush Administration and their enabling Republican majority. Potentially, the entire Military Commissions Act could be dismantled. Ari Melber at The Nation has more:

Today the Senate Judiciary Committee passed an important bill to restore habeas corpus, the sacrosanct Constitutional right to challenge government detention in court, by a vote of eleven to eight.

Habeas corpus was revoked by last year’s Military Commissions Act, which has been assailed as unconstitutional and un-American by leaders across the political spectrum. Today’s habeas bill was backed by the Judiciary Committee’s Democratic Chairman, Patrick Leahy, and its Republican Ranking Member, Arlen Specter. “The drive to restore this fundamental right has come from both sides of the aisle,” said Sharon Bradford, an attorney at the bipartisan Constitution Project, in response to today’s vote. “Restoring America’s commitment to the rule of law is not a partisan cause; it is a patriotic one,” she added.

Today’s vote means the habeas bill can now be brought to the Senate floor at any time. One source with knowledge of the legislative plan said Majority Leader Harry Reid has committed to bringing the bill to a vote within the month.

Some Democrats are pushing Reid to go further, advocating more comprehensive human rights protections and a repeal of the entire Military Commissions Act.

http://www.crooksandliars.com/2007/06/07/breaking-senate-judiciary-committee-votes-to-restore-habeas-corpus-rights/

[Czolgosz]

1. K & R

[bushmeister0]

2. Geez, what took them so long?

[ClassWarrior]

16. Welcome, once again, to...

...Short Attention Span Theater. Where's no development so good that it can't be spoiled by retroactive whining and moaning.

NGU.

[no_hypocrisy]

3. Hope some of the eight on the Committe who voted against it are

up for re-election in 2008.

[Patsy Stone]

4. Eight people not in favor of the Constitution?

Get them out of Congress -- RIGHT FUCKING NOW!!!

[Canuckistanian]

10. They're also not in favor of nearly 800 years of Western jurisprudence

NO modern western democracy has ever renounced the principle of habeas corpus as outlined in the Magna Carta.

These idiots have NO CLUE that the ideas contained in the Magna Carta are the only reason they're allowed to sit there, spewing nonsense.

[Patsy Stone]

17. That's because the law,

as quaint as it is, doesn't apply to them.

[cassiepriam]

25. Hard to rape and plunder with those stinking laws hanging over their heads.

The law gets in their way.

[karynnj]

18. I agree - that is sad

[Sapere aude]

5. Can Bush veto this? Will that mean the conservatives that believe in freedom and rights have to

decide whether or not to be hypocrites?

[autorank]

6. Great news. Let's continue the restoration, non stop. K*R

Thanks so much for that!

[Hart2008]

7. The U.S. Constitution grants SCOTUS the power to issue the writ of Habeas Corpus.

(See Article III of the Constituion.) But, Congress has the right to determine the subject matter jurisdiction of the lesser federal courts. All this bill will do is restore that jurisdiction to the lower courts.

Congress could not take away the power of the U.S. Supreme Court to hear Habeas Corpus cases. Typically, when a Habeas Corpus case is filed with the Supreme Court, the court sends the case to the U.S. District Court having concurrent jurisdiction. Nothing would have prevented the Supreme Court from hearing such a case. They could have appointed a District Judge as a special "Master" to take testimony and recommend an opinion for them to affirm or reject. The problem is that the present Supreme Court doesn't think that fundamental civil rights are very important. The Rehnquist court, at the end, heard 30% fewer cases than the Burger court did.

[Zodiak]

8. eleven to eight?

Isn;t the composition of most committees 10 from the majority party and 8 from the minority?

Where did they get the extra voter?

I'm asking because I am curious if we got a Repuke to flip on this issue.

[bornskeptic]

9. Arlen Specter n/t

[joanski0]

12. The Judiciary Committee has 19 members. 10 Dems and

9 Repubs. The Republicans are: Specter, Hatch, Grassley, Kyl, Sessions, Graham, Cornyn, Brownback, and Coburn.

[karynnj]

19. Specter was the only Republican co-sponsor

So, we know who the 8 people who voted against it are.

[Zodiak]

22. well, we got one, anyways n/t

[karynnj]

23. I hope we get more in the overall Senate

That committee seems to have some of very worst Republicans.

[Old and In the Way]

11. Why do Republicans hate us for our freedoms?

I find it hard to believe that these people, who used to believe in the rights of the individual, would be willing to suspend the rights of all Americans in order to promote the power of government. They stand for nothing except personal greed and political power.

[progressoid]

14. Sadly...

I bet you could go over to some RW boards and find a post saying the eleven hate America. That they still have pre 9/11 thinking etc. That we have to sacrifice freedoms to stay free or something. :puke:

[mzmolly]

13. "The differences make a difference...."

The late great Paul Wellstone.

[caligirl]

15. those military judges at GITMO threw out the two cases brought

by the bushies WITHOUT any comment from the guys defense lawyers, they hadn't argued to get the cases tossed before the judge or judges decided to do it. These decisions are a real stick in the eye to Cheney.

[paparush]

20. This Just In: Congress Stumbles Upon Old Paper Titled "The Constitution"

[AtomicKitten]

21. It's a start, noteworthy, and thanks for posting this bit of good news.

n/t

[burrowowl]

24. Why so few? However, KICK!